The State of Texas
Local Government Code

SUBCHAPTER D. FILLING OF VACANCIES


  § 87.041. VACANCIES FILLED BY APPOINTMENT OF COMMISSIONERS COURT. 

             (a) The commissioners court of a county may fill 

                 a vacancy in the office of:
                 (1) county judge; 
                 (2) county clerk; 
                 (3) district and county clerk;
                 (4) sheriff
                 (5) county attorney;
                 (6) county treasurer; 
                 (7) county surveyor;
                 (8) inspector of hides and animals
                 (9) county tax assessor-collector
                (10) justice of the peace; or
                (11) constable. 
             (b) The commissioners court shall fill a vacancy by a 
                 majority vote of the members of the court who are

                 present and voting.

             (c) The person appointed by the commissioners court

                 to fill the vacancy shall hold office until the

                 next general election.

               Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987

                  Legal action will probably result if they refuse to

                  follow the law.....  It's happened before!!

 This is not a Temporary Absence, so 

§87.043 should not Apply.

§ 87.043 TEMPORARY ABSENCE IN OFFICE OF COUNTY JUDGE IN CERTAIN COUNTIES.

 (a) In a county with a population of less than 

     150,000, a temporary absence occurs in the office of county judge 

     if:

     (1)  the county judge is located outside the county for 

          30 consecutive full days as a direct result of:

          (A)  being a reservist or a member of the national 

               guard who was ordered to duty under the authority

               of federal law;

          (B)  enlisting in the armed forces or the national 

               guard as a volunteer;  or

          (C)  being inducted into the armed forces under 

               federal draft laws;  and   

     (2)  the commissioners court determines in writing that 

          the absence prevents the county judge from satisfactorily 

          discharging the duties of the office.

(b)  If a temporary absence exists in the office of county 

     judge, before the 30th day after the date the absence begins, the 

     absent county judge may appoint a resident of the county to fill the 

     office until the next term of that office or until the temporary 

     absence ends, whichever event occurs first.  If the absent county 

     judge does not appoint a resident of the county within the 30-day 

     period, the commissioners court shall appoint a resident of the 

     county to fill the office until the next term of that office or 

     until the temporary absence ends, whichever event occurs first.